Deeplinks Blog posts about Free Speech

Does the increased use of social networking sites by children lead to increased risk? Concern about online predators and pornography has led some politicians and law enforcement officials to call for unreasonable restrictions on public access to these sites.

But is the perception of increased risk accurate? How much of the public discussion of these trends is myth, and how much is fact? Two recent studies suggest that many fears are overblown.

The Crimes Against Children Research Center at the University of New Hampshire recently released a study that found that unwanted online solicitations are down from 19% in 1999 to 13% today — a decline that is taking place despite the rising popularity of social networking sites.

Of the unwanted solicitations that were received, a significant number (43%) came from other minors, not from adults.

Section 230 of the Communications Decency Act of 1996 is an amazingly powerful federal law, protecting interactive computer services by ensuring that the soapbox is not liable for what the speaker has said. Section 230's immunity to state law claims (typically defamation, but including all other lawsuits based on state laws) allows for many of the online services you know and love, including user product reviews, online auction feedback, internet dating services, message boards, classified ads, usenet -- the list goes on and on.

The ACLU, EFF, and a coalition of plaintiffs achieved a victory for online free speech today when U.S. District Court Judge Lowell Reed ruled [PDF] today that a key Web censorship law violated the First Amendment and issued an order permanently blocking its enforcement.

It looks like video sites are the new flashpoint in the battle against free speech online. Perhaps it is that many states control television broadcasts far more tightly than they control the press. Judges across the world clearly think they understand how to censor television - and are surprised when their attempts to do the same to video online don't work as effectively.

In January it was Brazilian judges who found themselves caught in a hailstorm of criticism when attempting to prevent all Brazilians from downloading a salacious video of a Brazilian celebrity. When the only method of obeying the order at local ISP's disposal was blocking all of YouTube from Brazil, Brazilian net users rose up and complained. The decision was overturned three days later.

Whistleblower Mark Klein will get some well-deserved acknowledgement when he receives a James Madison Freedom of Information Award next month. The award could hardly find a more deserving recipient — Klein is the former AT&T technician who exposed the extent of the government's warrantless wiretapping program.

In early 2006, Klein came forward with internal documents that show the company cooperated with the NSA's secret program to eavesdrop on internet communications, in violation of federal wiretapping laws and the Fourth Amendment. Klein's evidence demonstrates that in at least one of AT&T's facilities, internet traffic was diverted to a secret, secure room to which only the NSA had access.

In the words of EFF Staff Attorney Kurt Opsahl, Klein is "a true American hero." This public recognition of his bravery in defense of the public's right to know is richly deserved.